CC Resolution 7901RESOLUTION N0. 7901
BEING A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL APPROVING A COOPERATIVE AGREEMENT
WITH THE STATE OF CALIFORNIA TO PROVIDE FOR THE WIDENING OF
THE HAMILTON AVENUE OVERCROSSING ON STATE HIGHWAY ROUTE 17
AND THE MODIFICATION OF THE TRAFFIC CONTROL SYSTEM
AT THE SOUTHBOUND OFF-RAMP
WHEREAS, City desires to widen the Hamilton Avenue overcrossing on
State Highway Route 17; and
WHEREAS, said overcrossing widening will require modification of the
traffic control system of the southbound off-ramp at Hamilton Avenue;
and
WHEREAS, the State of California has prepared a cooperative agreement
authorizing Campbell to construct the desired improvements;
NOW, THEREFORE BE IT RESOLVED that the Mayor be, and he is hereby,
authorized to execute said agreement on behalf of the City of
Campbell.
PASSED AND ADOPTED THIS 20th DAY OF March 1990,
by the following vote:
AYES: Councilmembers: KOTOWSKI, WATSON, CONANT, BURR, ASHWORTH
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
APPROVED:
ohn J. Ashworth, Mayor
ATTES'~
¢¢% - ~ -
Barbara Olsasky, City Clerk
04-SC1-17 12.3/12.4
4220 - 116101
Dist. Aqmt. No. 4-1129-C
Document No. SC1-43-
AGREEMENT
THIS AGREEMENT, ENTERED INTO ON MARCH 20, 1990 is
between the STATE OF CALIFORNIA, acting by and through its De-
partment o£ Transporta±ion, referred to herein as "STATE", and
CITY OF CAMPBELL,
a body politic and a municipal
corporation of the State of
California, referred to herein as
"CITY".
RECITALS
(1) STATE and CITY, pursuant to Streets and Highways
Code Section 130 are authorized to enter into a Cooperative
Agreement for improvements to State Highways within the CITY.
(2) CITY desires to construct State Highway improve-
ments consisting of widening the Hamilton Avenue Overcrossing on
State Highway Route 17 in Campbell and modifying the traffic con-
trol signal at the intersection of Hamilton Avenue with the Route
17 southbound off-ramp and Salmar Avenue, referred to herein as
PROJECT. CITY is willing to fund 100 percent of all capital out-
lay and staffing costs, except that costs of $TATE's oversight of
construction activities will be borne by STATE.
(3) The entire PROJECT will be constructed within ex-
fisting STATE and/or CITY rights of way.
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Dist. Agmt. No. 4-1129-C
(4) CITY desires to prepare the contract documents and
advertise, award and administer the construction contract for
PROJECT in order to bring about the earliest possible completion
of PROJECT.
(5) STATE is agreeable to CITY's proposal to prepare
the contract documents and advertise, award and administer the
construction contract for PROJECT.
(6) The parties hereto intend to define herein the
terms and conditions under which PROJECT is to be constructed,
financed and maintained.
SECTION I
CITY AGREES:
(1) To advertise, award and administer the con-
struction contract for PROJECT in accordance with the require-
ments of the Local Agency Public Construction Act and the
California Labor Code, including its prevailing wage provisions.
The contract shall include Disadvantaged Business Enterprise
(DBE), Minority Business Enterprise (MBE) and Women Business En-
terprise (WBE) programs. Said DBE, MBE, and WBE programs shall
conform to that adopted by CITY to comply with Federal Aid re-
quirements. If CITY does not have an adopted program, CITY shall
use the program of Santa Clara County or use the STATE's program.
(2) To identify and locate all high and low risk
underground facilities within the PROJECT area that lie within
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Dist. Agmt. No. 4-1129-C
STATE's right of way and protect or otherwise provide for such
facilities, all in accordance with STATE's "Manual on High and
Low RisY. Underground Facilities [Vithin Highway Rights of Way".
Costs of locating, identifying, protecting or otherwise providing
for such high and low risk facilities shall be borne by CITY.
CITY hereby acknowledges the receipt of STATE's "Manual on High
and Low Risk Underground Facilities Within Highway Rights of Way"
and agrees to construct the portion of PROJECT within STATE's
right of way in accordance with such Manual.
(3) To apply for necessary encroachment permits for
required work within State Highway rights of way, in accordance
with STATE's standard permit procedures, as more specifically de-
fined in Articles (3), (4), (5), and (6) of Section III of this
Agreement.
(4) To require that the construction contractor fur-
nish both a payment and performance bonds in CITY's name, in ac-
cordance with Section 3-1.02 of STATE's current Standard
Specifications. The bond forms are to be furnished by STATE.
(5) To construct PROJECT in accordance with plans and
specifications of CITY, to the satisfaction of and subject to the
approval of STATE.
(6) That CITY contract administration procedures shall
conform to the requirements set forth in STATE's Construction
Manual, Local Programs Manual and Encroachment Permit for con-
struction of PROJECT.
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Dist. Agmt. No. 4-1129-C
(7) Roadway Construction shall conform to the State
Construction Manual and standard methods of practice in conform-
ance with State Standard Specifications and special provisions
for PROJECT.
(8) Material testing and quality control shall conform
to the State Construction Manual, the State Material Testing Man-
ual and be performed, at CITY expense, by a certified material
testing consultant acceptable to STATE. Independent assurance
testing, specialty testing, and off-site source testing, as indi-
cated in the special provisions, will be performed by STATE at no
cost to CITY. Type approval of asphalt and concrete plants shall
be by STATE.
(9) To furnish a field site representative, who is a
licensed Civil Engineer in the State of California, to perform
the functions of a Resident Engineer. The Resident Engineer
shall be a public employee if any Federal funds are being used to
finance said PROJECT. If the PROJECT plans and specifications
were prepared by a private design consultant, the Resident Engi-
neer shall not be an employee of that consultant. The Resident
Engineer shall also be independent of the construction contrac-
tor.
(10) The STATE representative shall have authority to
accept or reject work and materials and approve all change orders
related to public safety or convenience and design or specifica-
tion changes for work within STATE's existing rights of way.
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Dist. Agmt. No. 4-1129-C
Such approval shall be obtained in advance of performance of
worY..
(11) To pay costs of construction required for satis-
factory completion of PROJECT, including changes pursuant to con-
tract change orders approved by the STATE representative. Major
changes as defined in the State Construction Manual and the State
Local Programs Manual require approval prior to performance of
work. I£ CITY terminates PROJECT prior to completion of the con-
struction contract, STATE, at its option, may require CITY, at
CITY cost, to return the right of way to its original condition
or to a condition of acceptable permanent operation.
(12) To furnish qualified support staff to assist the
Resident Engineer in, but not limited to, construction surveys,
soils and foundation tests, measurement and computation of quan-
tities, testing of constuction materials, checking shop drawings,
and other inspection and staff services necessary to assure that
the construction is being performed in accordance with the plans
and specifications. Said qualified staff support shall be inde-
pendent of the design engineering company and construction con-
tractor.
(13) To make the progress payments to the contractor
using CITY funds and pay all costs for required staff services as
described in Articles (9) and (12) above in this Section I.
(14) T4ithin sixty (60) days following the completion
and acceptance of the PROJECT construction contract, to furnish
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Dist. Agmt. No. 4-1129-C
STATE with a complete set of acceptable full-sized film positive
reproducible As-Built plans and all contract records.
(15) Upon completion of work under this Agreement,
CITY will assume maintenance and the expense thereof for the por-
tion of PROJECT outside of current right of way until acceptance
of PROJECT into the State Highway system by STATE and approval by
the Federal Highway Administration, if required.
SECTION II
STATE AGREES
(1) To issue, at no cost to CITY, upon proper applica-
tion by CITY the necessary encroachment permit for required work
within the State Highway rights of way, as more specifically de-
fined in Articles (3), (4), (5) and (6) of Section III of this
Agreement.
(2) To provide, at no cost to CITY, a qualified repre-
sentative (STATE representative) who shall have authority to ac-
cept or reject work and materials or to order any actions needed
for public safety or the preservation of property and to assure
compliance with all provisions of the Encroachment Permits issued
to CITY and to CITY's contractor.
(3) To provide TESTING (estimated to be one load test
pile in accordance with Section 4.9-1 of STATE's Standard Spec-
ification) at no cost to CIT`_'.
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Dist. Agent. No. 4-1129-C
(4) PSinor changes to PROJECT plans and specifications
will be facilitated through contract change orders approved by
STATE's representative without issuance of an Encroachment Permit
Rider; but the changes shall be shown on the As-Built plans. Ma-
jor contract change orders must be approved by Encroachment Per-
mit Riders when required in the opinion of STATE.
SECTION III
IT IS MUTUALLY AGREED AS FOLLOWS
(1) All obligations of STATE under the terms of this
Agreement are contingent upon the appropriation of resources by
the Legislature and the allocation of resources by the California
Transportation Commission.
(2) Should any portion of PROJECT be financed with
Federal funds or State gas tax funds, all applicable regulations
and policies relating to the use of such funds shall apply
notwithstanding other provisions of this Agreement.
(3) Construction by CITY of improvements referred to
herein which lie within State Highway rights of way or affect
STATE's facilities, shall not be commenced until CITY's original
contract plans involving such work and plan for utility relo-
cations have been reviewed and accepted by signature of STATE's
District Director of Transportation, or the District Director's
delegated agent, and until an Encroachment Permit authorizing
such work has been issued by STATE.
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Dist. Agent. No. 4-1129-C
(4) CITY will obtain the aforesaid Encroachment Permit
through the office of STATE's District Permit Engineer and CITY's
application thereof shall be accompanied by five (5) sets of re-
duced construction plans of aforesaid STATE approved contract
plans. P.eceipt by CITY of the approved Encroachment Permit shall
constitute CITY's authorization from STATE to proceed with work
to be performed by CITY or its consultants within State Highway
rights o£ way or which affects STATE's facilities, pursuant to
work covered by this Agreement. CITY's authorization to proceed
with said work shall be contingent upon CITY's compliance with
all provisions set forth in this Agreement and said Encroachment
Permit.
(5) CITY's construction contractor will also be re-
quired to obtain an Encroachment Permit from STATE prior to com-
mencing any work within State Highway rights of way or which
affects STATE's facilities. The application by CITY's contractor
for said Encroachment Permit shall be made through the office of
STATE's District Permit Engineer and shall include proof that the
said contractor has payment and performance surety bonds covering
construction of PROJECT.
(6) CITY shall not award a contract to construct any
portion o£ PROJECT within the existing State Highway rights of
way until after an Encroachment Permit has been issued to CITY by
STATE.
(7) That construction bidders shall be required to
provide a ten percent proposal guarantee-security bond as speci-
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Dist. Agmt. No. 4-1129-C
fied in Section 2-1.07 of STATE's current Standard Specifica-
tions.
(8) CITY's construction contractor shall maintain in
force, until completion and acceptance of the PROJECT con-
struction contract, a policy of Contractual Liability Insurance,
including coverage of Bodily Injury Liability and Property Damage
Liability in accordance with Section 7-1.12 of the State Standard
Specifications. Such policy shall contain an additional insured
endorsement naming STATE, its officers, agents and employees as
additional insured. Coverage shall be evidenced by a Certificate
of Insurance in a form satisfactory to STATE which shall be de-
livered to STATE before issuance of an Encroachment Permit.
(9) Prior to award of the construction contract for
PROJECT, CITY may terminate this Agreement by written notice to
STATE.
(10) In the construction of said work, representatives
of CITY and STATE will cooperate and consult with each other, and
all work pursuant to PROJECT shall be accomplished according to
the approved plans, specifications and applicable STATE stand-
ards. Satisfaction of these requirements shall be verified by
the STATE representative. The STATE representative is authorized
to enter CITY's property during construction for the purpose of
monitoring and coordinating construction activities.
(11) CITY shall provide a claims process acceptable to
STATE, and shall process any and all claims through CITY's claim
process. The STATE representative will be made available to CITY
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Dist. Agent. No. 4-1129-C
to provide advice and technical input in any claim process. Said
claims process shall include a provision for arbitration.
(12) If existing public and/or private utilities con-
flict with the construction of PROJECT, CITY will make all neces-
sary arrangements with the owners of such utilities for their
protection, relocation or removal. CITY shall inspect the pro-
tection, relocation or removal of such facilities. If any pro-
tection, relocation or removal of utilities is required, such
work shall be performed in accordance with STATE policy and pro-
cedure for those utilities within STATE's existing right of way
and in accordance with CITY policy for those utilities outside
STATE's existing right of way. Total costs of such protection,
relocation or removal shall be borne by other than STATE in ac-
cordance with the terms of the Highway Encroachment Permits, Case
Law, Public Utility Regulations and Property Rights. CITY shall
require any utility company performing relocation wort, within
STATE's right of way to obtain a STATE encroachment permit prior
to the performance of said relocation work. All relocated or new
utilities shall be correctly located and identified on the As-
Built plans referred to in Article (14) of Section I.
(13) Pursuant to the authority contained in Section
591 of the Vehicle Code, STATE has determined that within areas
that are within the limits of PROJECT and are open to public
traffic, CITY shall comply with all of the requirements set forth
in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. CITY
shall take all necessary precautions for safe operation of CITY's
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Dist. Agent. No. 4-1129-C
vehicles, the construction contractor's equipment and vehicles
and/or vehicles of the consultants (if any) retained by CITY and
for the protection of the traveling public from injury and dam-
age from such vehicles.
(14) Upon completion and acceptance of the PROJECT
construction contract by CITY to the satisfaction of the STATE
representative, STATE will accept control of and maintain, at its
own cost and expense, those portions of PROJECT lying within
STATE's right of way, except local roads delegated to CITY for
maintenance. STATE will maintain, at STATE's expense, the entire
structure (vehicular overcrossing) below the deck surface.
(15) CITY will accept control and maintenance, at its
own cost and expense, those portions of PROJECT lying outside
STATE's right o£ way. Also, CITY will maintain, at CITY's ex-
pense, local roads within STATE's right of way delegated to CITY
for maintenance and remaining portions of the structure, includ-
ing the deck surface and above, as well as all traffic service
facilities that may be required for the benefit or control of
CITY street traffic.
(16) The maintenance and energy costs of operating the
traffic control signal system and safety lighting within STATE's
right of way shall be in accordance with CITY and STATE's mainte-
nance agreement.
(17) That upon completion of all work under this
Agreement, ownership and title to all materials, equipment and
appurtenances which are installed within STATE's right of way
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Dist. Agmt. No. 4-1129-C
will automatically be vested in the STATE, and all materials,
equipment and appurtenances installed outside of STATE's right of
way will automatically be vested in the CITY, except that owner-
ship and title to all signal and lighting materials, equipment
and appurtenances which are installed will be owned by STATE. No
further agreement will be necessary to transfer ownership as
hereinabove stated.
(18) It is understood and agreed that neither STATE
nor any officer or employee thereof is responsible for any damage
or liability occurring by reason of anything done or omitted to
be done by CITY under or in connection with any work, authority
or jurisdiction delegated to CITY under this Agreement. It is
also understood and agreed that, pursuant to Government Code Sec-
tion 895.4, CITY shall fully defend, indemnify and save harmless
the State o£ California, all officers and employees from all
claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omit-
ted to be done by CITY under or in connection with any work, au-
thority or jurisdiction delegated to CITY under this Agreement.
(19) It is understood and agreed that neither CITY nor
any officer or employee thereof is responsible for any damage or
liability occurring by reason of anything done or omitted to be
done by STATE under or in connection with any work, authority or
jurisdiction delegated to STATE under this Agreement. It is also
understood and agreed that, pursuant to Government Code Section
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Dist. Agmt. No. 4-1129-C
895.4, STATE shall defend, indemnify and save harmless CITY from
all claims, suits or actions of every name, kind and description
brought for or on account of injury (as defined by Government
Code Section 810.8) occurring by reason of anything done or omit-
ted to be done by STATE under or in connection with any work, au-
thority or Jurisdiction delegated to STATE under this Agreement.
(20) No alteration or variation of the terms of this
Agreement shall be valid unless made in writing and signed by the
parties hereto and no oral understanding or agreement not incor-
porated herein shall be binding on any of the parties hereto.
(21) Those portions of this Agreement pertaining to
the construction of PROJECT shall terminate upon completion and
acceptance of the PROJECT construction contract by CITY or on
September 30, 1993, whichever is earlier in time; however, the
ownership, operation, maintenance, and claims clauses shall re-
main in effect until terminated or modified in writing by mutual
agreement.
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STATE OF CALIFORNIA
Department of Transportation
ROBEP.T K. BEST
Director of Transportation
By
Deputy District Director
APPROVED AS TO FORM AND PROCEDURE
ATTORNEY
Department of Transportation
CERTIFIED AS TO FUNDS AND PROCEDURE
District Accounting Officer
Dist. Agmt. No. 4-1129-C
CITY OF CAMPBELL
By !~~v
t / Mayor
Attest• ~s ~ / /
C i ty C le~~~r/''~~/~~~/k
CERTIFICATION OF FUNDSi /
I hereby certify upon my own
personal knowledge that budgete
funds are available for the
period and purpose of payment t
the construction contractor and
to qualified support staff
pursuant to this Agreement.
City Fiscal Officer
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